House Bill 723

AN ACT TO AMEND SECTION 73-29-3, MISSISSIPPI CODE OF 1972, TO EXCLUDE FROM THE DEFINITION OF "POLYGRAPH EXAMINER" A VOICE STRESS ANALYZER; TO AMEND SECTION 73-29-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO HAS HAD ADEQUATE TRAINING IN THE USE OF A VOICE STRESS ANALYZER MAY USE SUCH EQUIPMENT TO AID INVESTIGATIONS WITHOUT HAVING TO BE LICENSED BY THE POLYGRAPH EXAMINERS LICENSE BOARD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-29-3, Mississippi Code of 1972, is amended as follows:

73-29-3. In this chapter, unless the context requires a different definition:

"Board" means the Polygraph Examiners Board;

"Secretary" means that member of the Polygraph Examiners Board selected by the board to act as secretary;

"Internship" means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the board at the commencement of such internship;

"Person" means any natural person, firm, association, copartnership, or corporation; and

"Polygraph examiner" means any person who uses any device or instrument, except a voice stress analyzer, to test or question individuals for the purpose of verifying truth of statements.

SECTION 2. Section 73-29-5, Mississippi Code of 1972, is amended as follows:

73-29-5. (1) Every polygraph examiner shall use an instrument which records visually, permanently, and simultaneously: (a) a subject's cardiovascular pattern and (b) a subject's respiratory pattern. In addition, patterns of other physiological changes * * * may also be recorded.

(2) (a) Any law enforcement officer as defined in Section 45-6-3 who has received adequate training in the use of a voice stress analyzer, upon consent of the subject, may use a voice stress analyzer as an additional aid to investigation without being licensed as a polygraph examiner under this chapter. The results or interpretation of any voice stress analysis shall neither be admissible as evidence in a court of law nor constitute probable cause.

(b) For the purposes of this subsection, "adequate training" means certification as recommended by the manufacturer of the voice stress analyzer.

SECTION 3. This act shall take effect and be in force from and after July 1, 2005.